Business; Capitalists and financiers -- United States; Speculation; Wall Street (New York, N.Y.)
It may, however, be very properly asked, whether legislation
has no duty in the premises? To me, it appears that it has a
very weighty one. The consequences of the original neglect
to prescribe proper regulations for the construction,
capitalization and financial management of railroads has
been so fully exposed by their past history, that the
Legislatures will greatly err if they neglect to impose
restrictions upon future corporations that will prevent
farther repetition or perpetuation of the evils. When the
Government bestows upon railroads important privileges and
franchises, under which fundamental private rights are held
in abeyance for the common good, it is due to the public
protection that the recipients of these favors should be
held under restrictions which will prevent them from abusing
the privilege to the public disadvantage.
When a railroad company capitalizes its property at double its
actual cost, and seeks to collect charges calculated to yield
dividends upon such false capital, it grossly perverts and
abuses the privileges conferred by its charter, and virtually
perpetrates a public robbery. This appears to be a perfectly
plain proposition, and yet this glaring wrong has been so long
tolerated that not only the railroads, but a portion of the
public even, have come to regard it as a sort of right inherent
in these corporations. One of the first duties of the State
Legislatures, therefore, is to enact laws requiring that the
stocks and bonds issued against any railroad hereafter built
shall, in no case, exceed in the aggregate the _true cash cost_
of the property; the penalty for the violation of this
restriction to be forfeiture of charter. The responsibility of
managers should be definitely fixed. All extensions, betterments
or improvements should be provided for by issues of stock or
bonds on like conditions. The issue of mortgages should be
restricted within 60 per cent. of the true cost of the property.
In order to prevent wrongful speculative profits being realized
by the incorporators, they should be prevented from becoming the
constructors of their road, directly or indirectly; and all
contracts for construction, equipment, extensions or
improvements should be made upon open competitive bids, the
lowest bid to be accepted, with substantial guarantees for the
faithful performance of the contract. Also, it should be made
the duty of a board of State railroad commissioners to see to it
that all these conditions are strictly complied with.
Regulations should be provided prohibiting issues of stock for
any other than construction or equipment purposes, forbidding
the payment of dividends not actually earned, and enforcing the
amplest publicity of details relating to current traffic and the
financial affairs of the companies.
Public-domain text, read in full here on John Shaqi.
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